DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-7, 13 and 17 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 5-9, 21 and 25 of copending Application No. 18/994,891 (US 20260039367 A1). Although the claims at issue are not identical, they are not patentably distinct from each other because (See mapping below).
Regarding claim 1, (Instant Application), claims 1 and 8 (18/994,891 /US 20260039367 A1) co-pending application) substantially disclose the corresponding claim limitations as highlighted in the table below.
Regarding claim 13, (Instant Application), claims 8 and 21(18/994,891 /US 20260039367 A1) co-pending application) substantially disclose the corresponding claim limitations as highlighted in the table below.
Regarding claim 17, (Instant Application), claims 8 and 25 (18/994,891 /US 20260039367 A1) co-pending application) substantially disclose the corresponding claim limitations as highlighted in the table below
As can be seen, the slight difference is that the instant claim recites “reporting the CSI” in lieu of “transmitted by being included in channel state information (CSI)” recited in claims of the (18/994,891 /US 20260039367 A1) co-pending application).
The minor difference would be obvious to one skilled in the art since each of the respective elements perform the same function. The obvious variation in the wording does not change claim scope.
18/994,521 (instant application)
18/994,891 (US 20260039367 A1) (co-pending application).
1. (Currently Amended) A method comprising: receiving configuration information related to channel state information (CSI); receiving at least one downlink reference signal (DL RS);
calculating the CSI
based on a measurement for the at least one DL RS;
and reporting the CSI,
wherein the configuration information includes information related to a first set of beams, wherein the at least one DL RS is based on first DL RSs related to the first set of beams, and wherein the CSI includes information related to at least one beam in a second set related to the first set.
1. A method comprising:
receiving configuration information including information related to at least one downlink reference signal (DL RS); receiving the at least one DL RS;
and transmitting information related to a UE preference determined
based on a measurement for the at least one DL RS,
wherein the at least one DL RS is based on a plurality of DL RSs related to at least one of i) beams of a first set and/or ii) beams of a second set related to the first set, and wherein the information related to the UE preference is related to at least one of i) a configuration of the second set and/or ii) a property related to a beam of the second set.
8. The method of claim 1, wherein the information related to the UE preference is transmitted by being included in channel state information (CSI)
13. (Currently Amended)
A user equipment comprising: one or more transceivers; one or more processors; and one or more memories operably connectable to the one or more processors and storing instructions that configure the one or more processors to perform operations based on being executed by the one or more processors, wherein the operations comprise: receiving configuration information related to channel state information (CSI);
receiving at least one downlink reference signal (DL RS);
calculating the CSI based on a measurement for the at least one DL RS; and reporting the CSI,
wherein the configuration information includes information related to a first set of beams, wherein the at least one DL RS is based on first DL RSs related to the first set of beams, and wherein the CSI includes information related to at least one beam in a second set related to the first set.
21.
A user equipment (UE) comprising: one or more transceivers; one or more processors; and one or more memories operably connectable to the one or more processors and storing instructions that configure the one or more processors to perform operations based on being executed by the one or more processors, wherein the operations comprise: receiving configuration information including information related to at least one downlink reference signal (DL RS); receiving the at least one DL RS;
and transmitting information related to a UE preference determined based on a measurement for the at least one DL RS,
wherein the at least one DL RS is based on a plurality of DL RSs related to at least one of i) beams of a first set and/or ii) beams of a second set related to the first set, and wherein the information related to the UE preference is related to at least one of i) a configuration of the second set and/or ii) a property related to a beam of the second set.
8. The method of claim 1, wherein the information related to the UE preference is transmitted by being included in channel state information (CSI)
17. (Currently Amended)
A base station comprising: one or more transceivers; one or more processors; and one or more memories operably connectable to the one or more processors and storing instructions that configure the one or more processors to perform operations based on being executed by the one or more processors, wherein the operations comprise: transmitting configuration information related to channel state information (CSI);
transmitting at least one downlink reference signal (DL RS); and receiving the CSI, wherein the CSI is calculated based on a measurement for the at least one DL RS, wherein the configuration information includes information related to a first set of beams, wherein the at least one DL RS is based on first DL RSs related to the first set of beams, and wherein the CSI includes information related to at least one beam in a second set related to the first set.
25.
A base station comprising: one or more transceivers; one or more processors; and one or more memories operably connectable to the one or more processors and storing instructions that configure the one or more processors to perform operations based on being executed by the one or more processors, wherein the operations comprise: transmitting configuration information including information related to at least one downlink reference signal (DL RS);
transmitting the at least one DL RS; and receiving information related to a user equipment (UE) preference determined based on a measurement for the at least one DL RS, wherein the at least one DL RS is based on a plurality of DL RSs related to at least one of i) beams of a first set and/or ii) beams of a second set related to the first set, and wherein the information related to the UE preference is related to at least one of i) a configuration of the second set and/or ii) a property related to a beam of the second set.
8. The method of claim 1, wherein the information related to the UE preference is transmitted by being included in channel state information (CSI)
Regarding claim 2 (instant application), claim 3 (18/994,891 /US 20260039367 A1) (co-pending application) substantially disclose similar claim limitations.
Regarding claim 3 (instant application), claim 4 (18/994,891 /US 20260039367 A1)substantially disclose similar claim limitations.
Regarding claim 4 (instant application), claim 7 (18/994,891 /US 20260039367 A1)substantially disclose similar claim limitations.
Regarding claim 5 (instant application), claim 5 (18/994,891 /US 20260039367 A1)3substantially disclose similar claim limitations.
Regarding claim 6 (instant application), claims 6 and 7 (18/994,891 /US 20260039367 A1) substantially disclose similar claim limitations.
Regarding claim 7 (instant application), claim 9 (18/994,891/US 20260039367 A1) substantially disclose similar claim limitations.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Allowable Subject Matter
Claims 1-7, 13 and 17 would be allowable if a terminal disclaimer is filed to overcome the double patent rejection(s) in compliance with 37 CFR 1.321(b), set forth in this Office action.
Claims 8-12 are objected to as being dependent upon a rejected base claim, but would be allowable if a terminal disclaimer is filed to overcome the double patent rejection(s) in compliance with 37 CFR 1.321(b), set forth in this Office action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20230239841 A1 or US-20250357982-A1 or US 20230037549 A1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMMANUEL BAYARD whose telephone number is (571)272-3016. The examiner can normally be reached 6-9.
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/EMMANUEL BAYARD/Primary Examiner, Art Unit 2633
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